Tamil Nadu has joined several non-BJP ruled states in withdrawing general consent to the Central Bureau of Investigation (CBI) for probing any case in the state without prior permission. This move by the Tamil Nadu government follows the arrest of State Minister V.Senthilbalaji by the Enforcement Directorate (ED) in a money laundering case. The ED conducted raids on his official residence and chamber at the State Secretariat without obtaining prior sanction from the Chief Secretary or Assembly Speaker.
The order issued by the Tamil Nadu government states that the CBI must now obtain prior permission from the state government before conducting any probe. This order already exists in West Bengal, Rajasthan, Kerala, Mizoram, Punjab, and Telangana governments, making Tamil Nadu the latest state to follow suit.
Section 6 of the Delhi Special Police Establishment Act, 1946, states that the CBI must obtain prior permission from the respective state government even if it is conducting a probe in any state. The Tamil Nadu government has now revoked the general prior permission granted under the said act in the years 1989 and 1992 for certain types of cases. Therefore, the CBI must now obtain prior permission from the state government before conducting further investigations in the state.
This move by Tamil Nadu comes ahead of Opposition parties’ meeting on June 23 and is in line with the move by non-BJP ruled states to restrict the CBI’s powers. The government’s official communique from the Home Department stated that other state governments had already passed such orders, and Tamil Nadu was also toeing that line.
The order by Tamil Nadu also highlights the importance of obtaining prior permission from the state government before conducting any probe. This move aims to ensure that the CBI follows due process and does not infringe on state powers.
